Barry Bonds

Barry Bonds’ lawyers argue his obstruction of justice conviction today


Barry Bonds lawyers will head into court today to argue his appeal of his obstruction of justice conviction today. There will be no decision today because that’s not how appellate courts roll, but when you read the Bonds headlines later, that’s what it’s about.

To review: Bonds was acquitted on all counts of perjury, but convicted for obstruction of justice. The basis for that conviction: a rambling answer to a question about whether anyone besides team doctors ever injected him with anything. His initial answer was something incoherent about being a “celebrity child.” Prosecutors and the jury say that that answer was “intentionally false, misleading and evasive.”

What no one ever seems to mention, though, is that Bonds actually answered the question:



As I’ve said before: maybe that “no” is lie. Probably is in fact. But the jury didn’t agree, acquitting him on that very question with respect to the perjury count. No, the prosecution claimed, and the jury agreed, that the question was not answered. That Bonds “misled and evaded” the grand jury.

The prosecution can say that all it wants — and maybe the appeals court will uphold the conviction because courts hate overturning jury verdicts as a general rule — but the fact is, Bonds was asked a yes or no question and he answered “no.”  He rambled for a minute, just as every single witness in every single deposition or grand jury hearing in the history of Anglo-American jurisprudence has done.  But he answered the question.  Even the jurors, interviewed after the trial, agreed that he did and questioned their conviction of him. “Wolfram” was one of the jurors:

Wolfram, 25, who works with developmentally disabled adults in Concord, Calif., said four of the jurors were unsure of the wording of that charge in the first place. She said she and those other jurors noticed that Bonds in his grand jury testimony eventually answered whether Anderson had ever injected him. But he did so a few pages later in his testimony, Wolfram said, not in the section mentioned in the charge. She said she and the other three jurors thought Bonds should not be convicted if he ultimately answered the question.

Wolfram said later, however, that they felt they had no choice because the jury instructions — authored by the prosecution — forbade them from looking at his “no, no” answer a page or two after the question was initially asked. To repeat: The prosecution, via the judge’s approval of their jury instruction, specifically told the jury TO NOT LOOK AT THE ANSWER TO THE QUESTION. That is the legal basis of the appeal, by the way: bad jury instruction that all but required a guilty verdict, regardless of the actual facts.

Whatever the case, how all this constitutes obstruction of justice is utterly baffling to me still, a decade after he answered the question. Courts and common sense agree: It is not the job of the criminal justice system to punish an evasive or non-responsive witness. It is the job of the person asking the question to pin an evasive witness down. Here the lawyer in question didn’t do that, but either way, the question was ultimately answered.

Anyway, it’s now up to the Court of Appeals to explain how that constituted obstruction. I’m quite eager to hear how it does. And if it does, I’m quite eager to see if prosecutors start adding obstruction of justice counts to every single case on every single docket in the American judicial system. Because on this rationale, they most certainly could.

Jose Reyes pleads not guilty to spousal abuse in Hawaii

Colorado Rockies' Jose Reyes follows through on a base hit against the Arizona Diamondbacks during the first inning of a baseball game, Thursday, Oct. 1, 2015, in Phoenix. (AP Photo/Matt York)
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Rockies shortstop Jose Reyes pleaded not guilty yesterday to abusing his wife in Hawaii on October 31.

Reyes was arrested at the time and was released after posting $1,000 bail. He was not in Hawaii for the arraignment and his not guilty plea was entered on his behalf by his attorney.

Which means that he’s probably in his usual offseason home on Long Island. Which, I am told, is a short drive from Major League Baseball headquarters. Which makes one wonder if Reyes has yet to be interviewed by Rob Manfred in anticipation of the punishment he will no doubt receive under Major League Baseball’s domestic violence policy. A policy which specifically says that the Commissioner need not wait for the justice system to play out before assessing his own discipline.

So, Rob. How you doin’ man?


Giants interested in John Lackey

John Lackey
AP Photo/Charles Rex Arbogast

Ben Cafardo of the Boston Globe speculated on Sunday that there might be a connection between the Giants and veteran free agent right-hander John Lackey, and now FOX Sports’ Ken Rosenthal reports that San Francisco is indeed in pursuit.

Rosenthal says the Giants, “like most clubs seeking pitching, [are] examining [a] wide range of options” in this starter-heavy free agent market. Lackey would make a ton of sense for any contender on something like a two-year deal. His free agency is tied to draft pick compensation, but that shouldn’t be much of a deterrent.

The 37-year-old right-hander registered a career-best 2.77 ERA across 218 innings (33 starts) this past season for the National League Central-champion Cardinals and he was St. Louis’ most reliable starter during the playoffs.

It’s well known that he wants to remain in the National League.

Angels sign catcher Geovany Soto to one-year contract

Geovany Soto
AP Photo/Alex Gallardo
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As first reported by beat writer Bill Shaikin of the Los Angeles Times, the Angels have signed free agent catcher Geovany Soto to a one-year major league contract.’s Alden Gonzalez says the deal is worth $2.8 million guaranteed.

Soto will offer some veteran presence at catcher for the Halos alongside 25-year-old Carlos Perez, who hit .250/.299/.346 as a rookie in 2015.

Soto slashed .219/.301/.406 with nine homers in 78 games this summer for the White Sox.

The 32-year-old backstop is a .246/.331/.434 career hitter at the major league level.

White Sox acquire right-hander Tommy Kahnle from Rockies

Tommy Kahnle
AP Photo/David Zalubowski
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According to the official Twitter account of the Chicago White Sox, the club acquired right-hander Tommy Kahnle from the Rockies on Tuesday evening in exchange for minor league pitcher Yency Almonte.

Kahnle was designated for assignment by the Rockies last week in a flurry of moves made in preparation of next month’s Rule 5 Draft. The 26-year-old former fifth-round pick posted an ugly 4.86 ERA, 1.77 WHIP, and 39/28 K/BB ratio in 33 1/3 innings this past season for Colorado and he wasn’t much better at Triple-A Albuquerque.

Almonte, 21, had a 3.41 ERA, 1.15 WHIP, and 110/38 K/BB ratio in 137 1/3 innings this past season between Low-A Kannapolis and High-A Winston-Salem.

It’s a straight one-for-one deal of two non-prospects, and the timing of it — in the evening, with Thanksgiving approaching — has our Craig Calcaterra wondering whether an executive was just trying to get out of some family responsibilities …